Evanston, Ill., City Code § 5 § 5-7-11
SAME—AFFORDABILITY CONTROLS (Evanston Housing Regulations)
Operative Text
(A) Rental Units. 1. Affordability Period. A rental inclusionary housing unit is required to comply with this Chapter for thirty (30) years. The affordability period begins when all inclusionary housing units at the covered development have had at least one signed lease. 2. Income-Certified Household. The inclusionary housing provider will only rent an inclusionary housing unit to an income-certified household, as stipulated in the policies and procedures. (B) For-Sale Units. 1. Affordability Period. A for-sale inclusionary housing unit is required to comply with this Chapter in perpetuity or as long as allowable by law. The affordability period begins at the initial sale. 2. Availability. A for-sale inclusionary housing unit must be made available for sale, as stipulated in the policies and procedures, at or before any covered, market-rate units are available for sale. 3. Initial Sale. The initial sale of a for-sale inclusionary housing unit must be made in one of the following ways: a. Directly to an income-certified household, as stipulated in the policies and procedures. Any sale directly to an income-certified household requires a nominal lien that would trigger a release upon a subsequent sale. b. In a double transfer to an approved community land trust and subsequently to an income-certified household, as stipulated in the policies and procedures. 4. Maximum Sale Price. The maximum sale price for a for-sale inclusionary housing unit will be calculated by the Department based on the characteristics of the unit and current housing costs to ensure affordability to income-certified households, as stipulated in the policies and procedures.
Under Evanston, Ill., City Code § 5-7-11, inclusionary housing units in covered developments must remain affordable for defined periods — 30 years for rental units and in perpetuity (or as long as law allows) for for-sale units. Rental units may only be leased to income-certified households, while for-sale units must be sold at a city-calculated maximum price to income-certified households or through a community land trust. The affordability clock for rentals starts once all inclusionary units in the development have at least one signed lease, and for ownership units it begins at the initial sale.
Plain English — not legal advice.
Operators of covered developments under Evanston, Ill., City Code § 5-7-11 generally maintain documentation confirming that each inclusionary rental unit is leased only to income-certified households throughout the 30-year affordability period. For ownership projects, compliant developers make for-sale inclusionary units available no later than market-rate units, price them at or below the maximum sale price calculated by the Department, and structure sales either directly to income-certified buyers (with the required nominal lien) or through an approved community land trust. Keeping thorough records of income certifications, lien instruments, and sale timelines is a hallmark of ongoing compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5-7-11 establishes that qualifying households have the right to rent or purchase inclusionary units at restricted prices for extended affordability periods — 30 years for rentals and potentially indefinitely for ownership units. If you believe an inclusionary unit is being rented or sold to non-income-certified households, or that a for-sale unit was made available after market-rate units in violation of this provision, you may consider raising the issue with the City of Evanston's relevant department or consulting a tenant-rights organization familiar with local inclusionary housing rules. Understanding the income-certification process and the policies and procedures referenced in § 5-7-11 can help clarify whether a unit qualifies and what protections apply.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.